Housey Pharmaceuticals v. Bristol-Myers Squibb Co.

On May 7, 2004, the United States Court of Appeals for the Federal Circuit affirmed the district court’s judgment for Fitzpatrick client Bristol-Myers Squibb. In the district court, Bristol-Myers Squibb along with its codefendants, obtained judgment of noninfringement and invalidity of Housey Pharmaceuticals biotechnology patents concerning cell based assays. Bristol-Myers Squibb and its codefendants, obtained a Markman claim construction which forced plaintiff to concede noninfringement and invalidity and to negotiate a stipulated judgment of noninfringement and invalidity. Fitzpatrick’s litigation team was led by partners Bob Baechtold, Scott Reed and Steve Kline.